Our Terms & Conditions:
With the Booking you agree all the Terms & Conditions at the whole Website (2 Pieces - our Terms & Conditions and them from Jimdo).
Important Notice – Itinerary, Route Changes & Force Majeure
Please note that there is no entitlement to a reduction of the travel price in the event of changes to the itinerary, travel days, vessel, or planned route. Deviations from the published tour description, daily schedule, or route may be unavoidable and may occur at any time due to circumstances beyond the control of the organizer. These circumstances include, but are not limited to:
- decisions, restrictions, or requirements imposed by local authorities or governmental bodies
- weather and sea conditions
- natural events or natural disasters
- force majeure
- safety considerations
- technical issues
- diving, snorkeling, or other activity-related incidents
- medical emergencies involving guests or crew
The local tour operator and/or the vessel’s captain are authorized to make decisions at any time based on safety, weather, operational, or regulatory considerations. Such decisions may result in changes to the itinerary, the travel schedule, the vessel route, or, in exceptional cases, the early termination of the trip. All such decisions are made in the interest of guest safety, crew safety, environmental protection, and regulatory compliance. Changes, deviations, delays, or interruptions of the trip do not constitute grounds for a refund, partial refund, or price reduction. By submitting a booking request and upon receipt of the booking confirmation, the guest expressly acknowledges and accepts that the nature of expedition-style, wildlife, marine, and outdoor travel may require flexibility and that the above conditions are an integral part of the travel contract.
MEDICAL STATEMENT & QUESTIONNAIRE
This document informs you about potential risks associated with participation in cold-water snorkeling and marine expedition activities.
Completion and submission of this Personal Information Form, including the Medical Statement & Questionnaire, is mandatory for participation in snorkeling activities. Cold-water snorkeling is an exciting but physically demanding activity. Low water temperatures, weather conditions, sea state, and active movement may place significant strain on the body. Participants must not be severely overweight and must be in generally good physical condition. A reasonable level of fitness, strength, and mobility is required. The respiratory and cardiovascular systems must be in good health.
Participants must be able to:
- swim independently in open water
- enter and exit the water without assistance
- climb a small ladder to board an inflatable boat
- move independently on board vessels, including stairs and gangways
- embark and disembark inflatable boats, even under challenging weather or sea conditions
If participation in snorkeling is not possible, guests may still be allowed to join boat-based wildlife watching, subject to conditions and availability.
The purpose of this Medical Questionnaire is to determine whether medical clearance should be obtained prior to participation. A positive response does not automatically disqualify a participant but indicates a condition that may affect safety. In such cases, consultation with a physician is required before participation.
Persons with serious medical conditions (e.g. cardiovascular disease, epilepsy), or persons under the influence of alcohol or drugs, are not permitted to snorkel. Participants must ensure they carry sufficient quantities of any prescribed medication in case of delays. All medical information collected is treated as confidential, used solely for internal safety purposes, and will not be shared with third parties.
Acknowledgement of Risk
I acknowledge that I understand the expedition nature of the activities offered by Vilt Hjerte Camp and that participation involves inherent risks, including but not limited to unpredictable wildlife behavior, weather conditions, sea state, and operational decisions.
I voluntarily accept full responsibility for the risks associated with participation in the expedition.
Travel Documents & Local Regulations
I understand that international travel regulations (including passport validity, visas, vaccinations, and entry requirements) may change at any time.
It is my sole responsibility to comply with all applicable travel regulations for my destination and any transit countries. Failure to comply with such regulations is not the responsibility of Vilt Hjerte Camp and does not constitute grounds for a refund.
Travel & Trip Cancellation Insurance
All participants are required to carry adequate travel insurance, including medical treatment and repatriation coverage. All costs related to medical treatment, evacuation, or repatriation are the sole responsibility of the participant. Trip cancellation and trip interruption insurance is strongly recommended.
Electronic Signature Agreement
By submitting this document electronically, I agree that my electronic signature constitutes a legally binding signature, equivalent to a handwritten signature. No third-party verification or certification authority is required to validate the enforceability of this electronic signature.
Force Majeure
Events beyond the reasonable control of Vilt Hjerte Camp, including but not limited to weather conditions, natural events, governmental actions, strikes, fire, or other extraordinary circumstances, may prevent full or partial performance of contractual obligations. In such cases, Vilt Hjerte Camp may, at its sole discretion, offer alternative services of comparable value. If no alternative is available or accepted, no refunds shall be issued.
Delays & No-Shows
Participants are responsible for arriving at the agreed meeting point on time. In case of delay, it is the participant’s responsibility to notify the designated contact immediately.
If a participant fails to appear within 60 minutes of the scheduled time without prior notice, the service will be considered a no-show, and no rescheduling or refund will be possible.
Booking Documents & Duty to Review
All booking confirmations and service details must be reviewed immediately upon receipt. Failure to report errors or missing documentation in a timely manner may result in loss of services, for which Vilt Hjerte Camp accepts no liability and no refund will be granted.
Service Changes
Significant changes requested by the participant after booking confirmation may incur modification fees, depending on the nature of the request and additional costs involved. Changes resulting from an error by Vilt Hjerte Camp will be corrected without charge.
Safety Instructions & Assumption of Risk
(Inflatable Boat / Marine Operations)
Participation in high-speed inflatable boat and marine operations involves inherent risks. By participating, I confirm that I have read, understood, and accepted the following safety rules:
- Marine expeditions are never entirely risk-free.
- Participants must be able to swim independently.
- All instructions given by the captain or crew must be followed at all times.
- Participants must remain seated while the vessel is moving and hold on securely.
- Seat changes while underway are not permitted.
- Proper posture must be maintained to reduce strain on the back and spine.
- Any discomfort or illness must be reported immediately to the crew.
- Intoxicated persons will be denied participation without refund.
- Persons with serious neck, back, spine, or joint conditions are not permitted to participate.
- Pregnancy must be disclosed in advance; participation may be denied for safety reasons.
- Personal belongings are carried at the participant’s own risk and are not covered by company insurance.
- Wildlife sightings and in-water activities cannot be guaranteed.
- Operational decisions are made based on safety, weather, and sea conditions.
- No refunds or compensation are provided if conditions prevent planned activities.
By accepting these terms, I confirm that I participate voluntarily and at my own risk, fully aware of the nature of the activities offered by Vilt Hjerte Camp.
LIABILITY WAIVER, ASSUMPTION OF RISK & RELEASE OF CLAIMS
(Worldwide Applicable)
By making a booking with Vilt Hjerte Camp, I confirm that I participate voluntarily, of my own free will, and with full understanding of the nature and risks associated with expedition-style, marine, wildlife, outdoor, and adventure activities.
I acknowledge that such activities involve inherent risks, including but not limited to personal injury, illness, permanent disability, psychological trauma, property damage, loss of personal belongings, and death, which may arise from, among other things, weather conditions, sea state, wildlife encounters, vessel operations, equipment use, physical exertion, acts or omissions of other participants, or unforeseeable circumstances.
Assumption of Risk
I expressly and knowingly assume all risks, whether known or unknown, foreseeable or unforeseeable, arising from my participation in any activity organized or facilitated by Vilt Hjerte Camp.
I confirm that I am physically and mentally fit to participate and that I have taken full responsibility to assess my own capabilities and limitations.
Release of Liability
To the maximum extent permitted by applicable law, I hereby release, waive, discharge, and hold harmless Vilt Hjerte Camp, its owners, directors, employees, crew, guides, contractors, partners, and agents from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to my participation.
This includes, without limitation, any claims for personal injury, bodily harm, property damage, financial loss, emotional distress, permanent disability, or death, whether suffered by me or asserted by my heirs, dependents, relatives, successors, or legal representatives
No Compensation / No Claims by Third Parties
I expressly agree that no compensation, damages, reimbursement, or financial claims of any kind shall be made against Vilt Hjerte Camp, including claims brought by family members, dependents, or surviving relatives in the event of injury or death.
I irrevocably waive any right to pursue claims for damages, indemnification, or compensation, whether contractual, tort-based, statutory, or otherwise.
Indemnification
I agree to fully indemnify and hold harmless Vilt Hjerte Camp from and against any claims, liabilities, costs, legal fees, or damages arising from:
- my participation
- my actions or omissions
- claims brought by third parties on my behalf
Voluntary Participation Declaration
I confirm that my participation is entirely voluntary, not induced by coercion, pressure, or misrepresentation, and that I have had sufficient opportunity to consider the risks involved.
I understand that I am free to decline participation at any time and that choosing to participate is my own explicit decision
Binding Effect
This waiver and release shall be binding upon me and my heirs, executors, administrators, assigns, and legal representatives, and shall remain valid even in the event of serious injury or death.
If any part of this agreement is found unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
Acknowledgement & Acceptance
By submitting my booking and/or signing electronically, I confirm that:
- I have read and understood this Liability Waiver
- I fully accept its contents
- I waive my rights knowingly and voluntarily
- I accept that Vilt Hjerte Camp shall not be held liable for injuries, accidents, damages, or Death
NO REFUND POLICY – PACKAGE BOOKING, WEATHER & OPERATIONAL CONDITIONS
(Worldwide Applicable)
All services offered by Vilt Hjerte Camp are sold exclusively as package experiences. The total price represents a flat-rate package price, covering planning, preparation, logistics, personnel, equipment, vessels, permits, and operational readiness.
No Partial Refunds
No partial refunds, reimbursements, credits, or price reductions shall be granted under any circumstances.
This applies in particular, but not exclusively, to situations where activities, excursions, vessel operations, or individual program elements cannot be carried out, are modified, delayed, shortened, or cancelled, including due to:
- adverse or unsafe weather conditions
- sea state or visibility
- safety considerations
- technical or operational reasons
- wildlife behavior or absence
- decisions by the captain, crew, or local authorities
- force majeure or unforeseen circumstances
Weather & Safety Decisions
All decisions regarding whether an activity or excursion can be carried out are made solely in the interest of safety by Vilt Hjerte Camp, the vessel captain, or operational staff.
If an activity cannot be conducted for safety, weather, or operational reasons, no refund, partial refund, or replacement service is owed, regardless of duration, timing, or extent of the affected activity.
Package Nature of the Booking
The guest expressly acknowledges that the booking constitutes a non-divisible package, and that individual components of the package do not represent separately refundable services.
The inability to perform individual parts of the program does not entitle the guest to any form of compensation.
Exclusion of Refunds
To the maximum extent permitted by applicable law, all refund claims are excluded, except where mandatory consumer protection laws explicitly require otherwise.
In particular, no refunds shall be granted for:
- unused services
- missed activities
- early termination
- changes to itinerary or schedule
- weather-related cancellations
- personal reasons of the guest
Reference to Cancellation Policy
Any cancellation by the guest is governed exclusively by the Cancellation Policy published on the booking page at the time of booking.
By submitting a booking, the guest confirms that they have read, understood, and accepted the cancellation terms displayed on the booking page. These cancellation conditions form an integral part of the travel contract.
Binding Acceptance
By completing the booking, the guest expressly agrees that:
- no refunds or partial refunds will be granted due to weather or operational reasons
- the booking price is a flat-rate package price
- all refund exclusions are accepted knowingly and voluntarily
- cancellation rights are limited to the terms published on the booking page
GENERAL TERMS AND CONDITIONS (GTC) – LONG VERSION
including WAIVER, assumption of risk, exclusion of liability (life/death), insurance & waiver of claims by next of kin, house rules & boat/snorkeling rules
Vilt Hjerte Camp Burgbacher
Stajordveien 790, 9161 Burfjord, Norway
Email: [email protected]
Phone: +43 664 1576001
Valid worldwide
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0. Preamble / Fundamental Understanding (binding)
0.1 Nature Camp Character
The Guest expressly acknowledges that Vilt Hjerte Camp Burgbacher is a nature- and expedition-oriented experience in an Arctic, partially remote environment. The offering is not comparable to an urban hotel operation or standardized package travel.
0.2 Protective Objectives
The offering follows these priorities in the following order:
(1) Safety of guests, crew, and third parties,
(2) Animal welfare / nature conservation,
(3) Compliance with legal frameworks / authorities,
(4) Organizational feasibility,
(5) Comfort and requested services.
0.3 Mandatory Acceptance
Without full acceptance of these GTC including the WAIVER, participation, arrival, use of accommodation, and participation in activities are excluded.
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1. Definitions, Scope of Application, Hierarchy, Partial Invalidity
1.1 Definitions
• “Organizer”: Vilt Hjerte Camp Burgbacher, contact details as above.
• “Guest”: any person who books, arrives, stays at the Camp, or participates in activities – including as a spectator.
• “Activities/Programs”: all program elements including briefings, transfers, boat trips, snorkeling, land programs, substitute programs, instructions, and use of equipment.
• “Camp”: all buildings, accommodations, outdoor areas, sanitary facilities, boats, vehicles, and other facilities used by the Organizer.
• “Snorkeling”: exclusively staying on the water surface with snorkel mask/fins; no scuba diving.
1.2 Worldwide Validity
These GTC apply worldwide, regardless of nationality, place of residence, booking location, payment method, language used, or booking platform.
1.3 Hierarchy / Contractual Basis
(1) Booking confirmation (data/period/price/scope of services)
(2) These GTC including WAIVER (binding)
(3) Individual written special agreements, only if expressly confirmed by the Organizer
Oral side agreements are excluded.
1.4 Severability / Partial Invalidity
If a provision is wholly or partially invalid, the remaining provisions remain valid. An invalid provision shall be replaced by one that comes closest to the economic purpose.
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2. Booking, Online Booking, Contract Formation, Rules of Evidence
2.1 Booking Channels
Bookings may be made via online forms/booking systems, by email, or in writing. The Guest is obliged to provide correct contact details.
2.2 Binding Booking Intent
By submitting a booking, the Guest declares a binding intent to book and confirms that:
• they are legally competent and authorized to book,
• they were able to review the GTC including WAIVER prior to conclusion,
• they accept the payment, cancellation, conduct, and liability regulations.
2.3 Conclusion of Contract
The contract is concluded as soon as the Organizer:
• confirms in writing, or
• requests payment (deposit/total amount), or
• marks a booking as accepted in the system.
2.4 Digital Consent/Signature = Handwritten Signature
Consent may be given digitally (checkbox, “Book now bindingly” button, digital signature, booking system confirmation).
👉 Digital consent/signature is – insofar as legally permissible – equivalent to a handwritten signature and has full legal effect.
2.5 Evidentiary Value of Electronic Data
Timestamps, booking logs, IP logs, email correspondence, payment records, and system protocols are deemed full evidence for:
• conclusion of contract,
• consent to GTC/WAIVER,
• payment deadlines/default,
• notifications/changes.
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3. Nature of Services, No Diving, Program Changes
3.1 No Diving (mandatory)
The Organizer does not offer diving. Water activities are exclusively surface snorkeling. Scuba diving, freediving, training, or diving-related services are excluded.
3.2 Nature- and Safety-Dependent Execution
The Guest acknowledges that execution/termination/changes of programs are possible at any time, in particular due to:
• weather, wind, visibility, sea state, currents
• animal behavior/animal welfare
• safety situation
• official orders
• technical/organizational reasons
3.3 No Entitlement to Specific Content
There is no entitlement to specific sightings, specific spots, a specific number of trips, or specific snorkeling times. Plans are non-binding guidelines.
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4. No Flights, No Third-Party Services, No Reimbursement of External Costs
4.1 Delimitation
The Organizer is neither a flight operator nor responsible for external connecting services.
4.2 No Reimbursement of External Costs (without exception)
The Organizer never reimburses (even partially):
• flights/flight changes/connection costs
• external hotels/accommodations
• meals outside the Camp
• rental cars/ferries/third-party transfers
• insurance
• additional costs due to delayed arrival/departure
This also applies in case of program changes, weather, force majeure, cancellation by Guest or Organizer.
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5. Nature, Wildlife, Sightings & Snorkeling – No Guarantees
5.1 Wildlife Is Uncontrollable
Animals are wild; their behavior is unpredictable. Distance and respect rules are mandatory.
5.2 No Guarantee of Sightings
No guarantee for sightings (orcas, humpback whales, etc.). Absence does not constitute a defect.
5.3 No Snorkeling Guarantee – Even in Case of Sighting
Even in case of sightings, snorkeling depends on animal behavior, weather, visibility, wind, sea state, safety situation, and decisions of guide/captain.
5.4 No Reduction/Compensation
No refund/partial refund/price reduction/compensation due to lack of sightings, canceled trips, or no snorkeling.
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6. Prices, Payment, Deposit (30%) – Never Refundable
6.1 Prices
Prices stated in the booking confirmation apply. Price components (program/accommodation/meals/transfers) form part of an overall concept.
6.2 Payment Methods
Payment by bank transfer and/or PayPal (payment provider fees borne by the Guest unless otherwise agreed).
6.3 Deposit 30% (due immediately)
A deposit of 30% is due upon booking intent.
6.4 Deposit Never Refundable
The deposit is non-refundable under all circumstances, including:
• cancellation/withdrawal by the Guest
• illness/accident/death (including relatives)
• weather/nature/safety failures
• lack of sightings/no snorkeling
• force majeure
• no-show/termination
• breaches of duty by the Guest
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7. Balance Payment (70%) 120 Days Before Arrival, Default, Automatic Termination, Legal Enforcement
7.1 Due Date
The remaining amount (70%) must be paid in full no later than 120 days before arrival (receipt decisive).
7.2 One-Time Reminder
After expiry, exactly one written reminder is issued with a 7-calendar-day grace period.
7.3 Automatic Withdrawal by Organizer
If payment is not completed within a further 7 calendar days, the Organizer automatically withdraws from the contract without further notice. The booking is deemed canceled due to Guest’s default.
7.4 Cancellation Fees & Enforcement
In this case:
• deposit is retained
• further costs per cancellation scale (Section 8) become due
• outstanding claims will be legally enforced
• Guest bears all reminder, collection, legal, court, and enforcement costs
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8. Cancellation/Withdrawal by the Guest – Binding Scale
8.1 Form
Withdrawal only in writing (email sufficient). Receipt by the Organizer is decisive.
8.2 Scale (of total price)
• from booking: 30%
• up to and including 90 days before arrival: 50%
• from 89 days before arrival: 95%
• no-show/non-arrival: 100%
8.3 Offset/Additional Payment
Amounts already paid are credited. Any difference is due immediately.
8.4 No Special Right of Termination
No special termination right in case of illness, accident, family/professional reasons, weather, sightings, program changes, force majeure.
8.5 Early Termination/Delayed Arrival
In case of delayed arrival, termination, or early departure: no refund/partial refund/substitute services; full price remains due.
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9. Cancellation/Withdrawal by the Organizer “for Any Reason” – Detailed
9.1 Reasons (non-exhaustive)
The Organizer may cancel/terminate/change at any time before or during the stay in case of:
• safety risk to guests/crew/third parties
• extreme weather/nature conditions
• animal welfare decisions
• technical failures (boat, equipment, infrastructure)
• official orders/recommendations
• force majeure (e.g., natural events, closures, emergencies)
• organizational impossibility (e.g., staff/logistics failure)
• Guest breaches (e.g., alcohol, rule violations, endangerment)
• payment default/missing payments
9.2 Legal Consequences
• no reimbursement of external costs (flights, hotels, transfers, insurance, etc.)
• no damages, no pain and suffering, no compensation
• where strictly required: review of refund of unrendered, directly collected service components under mandatory law; further claims excluded.
9.3 Exclusion Due to Guest Conduct
In case of exclusion due to rule violation/alcohol/endangerment/refusal to follow instructions:
• no refund/partial refund
• return travel/accommodation/transfer at own cost
• Organizer’s claims remain unaffected.
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10. Transfers & Fixed Times – Alta Airport / Check-Out
10.1 Transfer Window (Arrival Wednesday)
Transfer only if landing no later than 16:00 at Alta Airport.
10.2 Waiting in Case of Delay
Only flights scheduled to land before 16:00 and demonstrably delayed will be waited for.
10.3 Landing After 16:00
After 16:00: no transfer entitlement; no liability; Guest organizes at own cost.
10.4 Return Transfer Tuesday
Return transfer only for departures from 12:00 onward. Earlier flights: self-organization.
10.5 Check-Out Tuesday
Camp must be vacated by 09:00 on Tuesday after breakfast.
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11. Accommodation: Rooms/Cabins, “Half Cabins”, Allocation, Re-Occupancy, Mixed-Gender
11.1 No Entitlement to Specific Accommodation
No entitlement to specific room/cabin/bed/location/furnishings or single occupancy.
11.2 Half Cabins / Under-Occupancy
Under-occupancy (e.g., single person) does not constitute a defect or price reduction.
11.3 Allocation & Reallocation
Organizer may allocate, reallocate, combine, and re-occupy (organizational/safety/economic reasons).
11.4 Mixed-Gender Occupancy
Occupancy may expressly be mixed-gender. No entitlement to gender separation.
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12. Sanitary Facilities: Shared Showers/Bathrooms/Toilets (expressly acknowledged)
12.1 Shared Use
Showers, bathroom, and toilet are shared.
12.2 No Defect
Shared use is not a defect and does not justify reduction/refund.
12.3 Duties
Careful use, cleanliness, consideration, compliance with organizational instructions.
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13. Catering: No Choice, Only 2 Options; Allergies Only in Advance; No Changes
13.1 No Menu Choice
No free selection. Only:
• Standard (fish/meat)
• Vegetarian
13.2 Form Requirement
Option must be indicated in the form. Later changes excluded.
13.3 Allergies/Intolerances
Must be fully disclosed in advance. Late/incomplete information cannot be considered.
13.4 Liability
No liability for consequences of incorrect/missing information; no refund/price reduction.
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14. Alcohol Ban (strict, camp-wide)
14.1 Prohibition
No alcohol in the Camp, on boats, or during transfers. No serving, no bringing, no consumption.
14.2 Sanctions
Violation leads to exclusion from activities and/or stay – without refund. Return at own cost.
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15. General Conduct in the Camp (House Rules)
15.1 Principles
Respect, calm, safety, consideration for nature/animals/fellow guests/team.
15.2 Disruptive Conduct
Disruptive, disrespectful, or dangerous behavior may lead to warning/exclusion. No refund entitlement.
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16. Boat & Snorkeling Rules (Safety + Animal Welfare)
16.1 Boat: No Shouting
No shouting on the boat; calm communication.
16.2 Water: Shouting Only in Emergency
In the water, shouting only in genuine emergencies.
16.3 Authority
Guide/captain instructions must always be followed.
16.4 Animal Welfare Rules
No swimming toward animals; no close photos; no intentional swimming into bait balls; no disturbing/chasing/blocking.
16.5 Sanctions
1 warning, then snorkeling ban without refund. Then boat spectator or time in Camp. Serious conduct: exclusion & return at own cost.
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17. Mandatory Insurance (express, mandatory)
The Guest commits to taking out and maintaining at own cost before travel:
• international health insurance
• accident insurance
• rescue/recovery insurance
• repatriation insurance
• travel cancellation and interruption insurance
The Organizer bears no costs for rescue, treatment, evacuation, or repatriation.
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18. Voluntariness & Assumption of Risk (Principle)
Participation is voluntary, with knowledge of significant risks up to and including disability or death. The Guest acts at own responsibility and follows safety instructions.
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19. EXCLUSION OF LIABILITY (damages, personal injury, property damage, consequential damage, disability, death) – MAXIMUM DETAIL / WAIVER
(This section is identical to the “Section 19 – most detailed” version confirmed by you and is fully integrated here.)
19.1 Principle: Participation at Own Risk / Personal Responsibility
The Guest expressly declares that participation in all services, programs, and activities of the Organizer – including but not limited to stay in the Camp, transfers, boat trips, snorkeling, land programs, briefings, instructions, equipment use, and other program elements – is voluntary and at own risk.
The Guest assumes full responsibility for:
• physical and mental fitness,
• decisions before, during, and after activities,
• compliance with safety instructions,
• realistic self-assessment of abilities (e.g., swimming ability, cold tolerance, resilience),
• compliance with conduct rules in the Camp, on the boat, and in the water.
19.2 Risk Acknowledgment: Nature, Weather, Wildlife, Arctic Environment
The Guest expressly acknowledges activities in a remote Arctic environment and that risks cannot be completely excluded even with utmost care. In particular, risks may arise from:
• weather and natural conditions (wind, waves, currents, cold, icing, snowfall, rain, fog, visibility changes, rapid weather shifts),
• boat operation (jerks, slipping, falls, collisions, moving equipment, wet surfaces),
• water activities/snorkeling (hypothermia, exhaustion, cramps, panic, drowning, contact with equipment, limited visibility),
• wildlife (unpredictable behavior, distance rules, stress reactions),
• remote location (limited medical infrastructure, longer rescue/evacuation times),
• physical strain (cold exposure, circulatory strain, stress, lack of sleep).
The Guest confirms awareness that these risks may lead to injury, permanent damage, disability, or death.
19.3 Scope of Liability Exclusion: Covered Damages
To the extent permitted by law, any liability of the Organizer – and associated persons – is excluded for:
- personal injury
- property damage
- financial loss
- consequential/indirect damages
- permanent damage/disability/death
including all associated consequences.
19.4 Beneficiaries: Persons Covered
This exclusion applies in favor of:
• Vilt Hjerte Camp Burgbacher,
• owners, legal representatives,
• guides, captains, crew,
• employees, assistants,
• vicarious agents and performing agents,
• cooperation partners involved in execution,
• and all persons acting on behalf of or in the interest of the Organizer.
19.5 Limitation: Intent and Gross Negligence
The exclusion does not apply where mandatory law provides liability despite exclusion or where damage was caused by intent or gross negligence of the Organizer. Otherwise, liability is excluded to the extent permitted by law, especially for slight negligence.
19.6 No Guarantee, No Success Promise, No Liability for Failures
No liability that specific program elements can be carried out. Failures/termination/changes for weather, nature, safety, or animal welfare reasons give rise to no claims.
19.7 No Liability for Guest Fault or Rule Violations
No liability for damages caused by failure to follow instructions, rule violations, alcohol/drug influence, incorrect self-assessment, incomplete information, or improper equipment use.
19.8 No Liability for Valuables, Luggage, Personal Items
No liability for loss/theft/damage of valuables, documents, cash, electronics, cameras, luggage.
19.9 No Liability for Delayed/Failed Arrival or Departure, Connection Costs
No liability for missed flights, rebookings, external hotel costs, alternative transfers outside defined times.
19.10 Medical Emergencies, Rescue, Evacuation – Costs Borne by Guest
No cost coverage by the Organizer for rescue/recovery/evacuation/treatment/repatriation.
19.11 Worldwide Validity / Enforceability
Valid worldwide to the extent permitted.
19.12 Acknowledgment and Express Waiver of Rights
Guest confirms having read, understood, and voluntarily accepted Section 19; digital consent/signature equals handwritten.
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20. Waiver by Next of Kin, Heirs & Insurers (detailed)
20.1 Applicability Beyond the Guest
The Guest declares that liability waiver and exclusion of claims also apply to next of kin, relatives, heirs, legal successors, and insurers (recourse), to the extent permitted by law.
20.2 Scope
Includes damages, pain and suffering, maintenance, support claims, death benefits, and recourse claims.
20.3 Duty of Acknowledgment
The Guest undertakes to acknowledge this provision and accepts that no claims arise against the Organizer.
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21. Data Protection (detailed)
21.1 Purpose
Data processing for contract execution, organization, safety, and possible official proof obligations.
21.2 Disclosure
No disclosure to third parties except for processing (e.g., payment providers) or legal obligation.
22. Choice of Law, Jurisdiction, Enforcement
22.1 Choice of Law
The law of the Organizer’s place of establishment applies, insofar as mandatory consumer protection provisions do not conflict.
22.2 Jurisdiction
Place of jurisdiction is – insofar as permitted – the Organizer’s seat.
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23. Acknowledgment / Conclusion (detailed)
By booking – online or offline – the Guest expressly confirms:
• having read every clause,
• having understood everything,
• knowing the scope (including risk of disability/death),
• agreeing voluntarily,
• that digital consent/signature equals handwritten, to the extent permitted.
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24. Final Clause “No Loopholes”
The Guest declares that no side agreements are expected and no claims are derived from custom, goodwill, or oral statements. Goodwill decisions do not create future entitlement.
Copy:
🐋 Whale Encounters, Snorkeling & Animal Welfare
Binding Principles, Rules & Guest Responsibilities
1. Fundamental Understanding – Who Is the Guest
Whales are free-living wild animals.
They have inhabited this environment for thousands of years – long before boats, cameras, tourism, or human expectations existed.
We are the guests.
By entering their habitat voluntarily, we accept full responsibility for our behavior.
This experience is not an amusement attraction, not a guaranteed activity, and not a controllable product.
It is a nature-based outdoor experience that takes place only as long as it remains safe, respectful, and acceptable for the animals.
2. Quality Over Sensation – Our Ethical Position
We operate as a high-quality, professional, and responsible nature company.
We do not operate for:
- likes
- viral content
- tags
- social-media hype
- staged proximity
We operate for:
- respect
- safety
- calm observation
- animal welfare
- long-term sustainability
A successful experience is one where:
- animals do not change their natural behavior
- feeding is not interrupted
- proximity is never forced
- no unnecessary risk is taken
3. No Guarantees – An Honest Experience
By booking, guests explicitly acknowledge:
There is no guarantee of:
- sightings
- snorkeling
- proximity
- interaction
- specific animal behavior
Nature is not predictable.
Wild animals are not controllable.
Any encounter occurs solely at the animals’ own discretion – or not at all.
4. Bait Balls – Absolute Distance Policy
Bait balls (herring schools) are critical feeding zones where whales gain energy essential for survival.
Therefore, the following rules apply without exception:
- We always keep a safe and respectful distance from bait balls
- We do not approach, cross, or position above them
- We do not place guests to close in feeding or hunting zones
- We never position ourselves between whales and their food
Even if:
- exceptional photos could be taken
- dramatic scenes might occur
👉 We deliberately refrain.
A photograph is replaceable.
A disturbed feeding situation is not.
5. No Guests in Feeding Zones – Ever
We do not place guests:
- inside bait balls
- to near active feeding events
- within hunting scenarios
We do not want to see any guest surrounded by herring.
Feeding zones are never snorkeling zones.
6. Dynamic Situations – Clear Response
Nature is dynamic.
If a bait ball unintentionally moves toward our position due to:
- currents
- fish escape behavior
- whale movement
the response is immediate and clear:
- Distance is calmly and slowly increased
- Guests swim away without haste or panic
- No one waits
- No one holds position
- The area is left immediately
There is no lingering, no “just one more moment.”
7. Safety – Especially With Humpback Whales
Humpback whales:
- are extremely large and powerful
- can surface silently
- may change direction suddenly
- may unintentionally overlook people in the water
Any collision would be unintentional, but potentially life-threatening.
Therefore:
We take no risks.
Not for guests.
Not for animals.
8. Snorkeling Rules – Strict and Binding
8.1 No Active Approach to Whales
No guest may actively, quickly, or deliberately approach whales.
This includes:
- no chasing
- no accelerating
- no positioning for proximity
- no diving under or toward animals
This applies even for photography or video.
The animals decide the distance – always.
Any fast or intentional approach:
- results in a formal warning
- repetition results in immediate and permanent exclusion from snorkeling
8.2 Drysuit Mandatory
Snorkeling is permitted only with a drysuit.
The drysuit:
- ensures controlled floating at the surface
- prevents fast or deep diving
- limits uncontrolled movement
- increases safety and visibility
It is a mandatory safety and animal-protection measure, not a comfort option.
8.3 No Freediving
Freediving is strictly prohibited.
Freediving enables:
- rapid descent
- deliberate underwater approaches
- proximity that increases risk
Our concept is:
Passive observation, not pursuit.
9. Passive Floating – No Entitlement to Interaction
Guests float calmly at the surface.
They observe.
They wait.
If whales approach voluntarily, it is a gift.
If whales keep their distance or leave, this is fully respected.
There is:
- no entitlement
- no expectation
- no discussion
10. Silence in the Water – Mandatory Conduct
Quiet behavior in the water is essential.
Therefore:
- Guests must remain calm and quiet at all times
- Shouting, yelling, loud talking, splashing, or panic behavior is prohibited
- The only exception is a real emergency or safety-related situation
Unnecessary noise:
- stresses animals
- disrupts natural behavior
- endangers others
Consequences
First incident: formal warning
Repeated behavior: immediate exclusion from snorkeling
11. Stress Signals – Immediate Action
Stress may include:
- abrupt diving
- sudden direction changes
- withdrawal from feeding or resting
- tail slapping
- sudden silence
If stress is observed:
- distance is increased
- snorkeling is ended or not initiated
Without discussion.
12. Consequences for Rule Violations
To protect animals, guests, and staff:
- First violation: clear, formal warning
- Repeated violation: immediate and final exclusion from snorkeling
There is:
- no replacement
- no refund
- no compensation
13. Weather, Sea Conditions & Cancellations
Guests explicitly acknowledge:
- Activities may be shortened, postponed, or canceled due to:
- wind
- waves
- weather
- sea state
- safety considerations
- animal welfare
Such decisions are made solely by the operator and are final.
There is no entitlement to:
- refunds
- price reductions
- discounts
- compensation
14. Binding Acceptance & Digital Consent
By submitting a booking, each guest expressly confirms that:
- All rules and guidelines are fully understood and accepted
- Acceptance applies digitally
- A digital booking submission has the same legal validity as a handwritten signature
- All guidelines are respected without exception
15. Final Statement
This experience exists only as long as:
- animals are respected
- safety is guaranteed
- natural behavior remains undisturbed
The animals come first – always.
They were here before us, and our responsibility is to ensure they remain unaffected by our presence.